Keith Franco v. HHS - Shingles, lower extremity weakness and ascending paralysis (2019)

Filed 2019-07-05Decided 2019-08-22Vaccine Shingles
dismissed

Case summary [AI summaries can sometimes make mistakes]

Keith Franco, proceeding pro se, filed a petition on July 5, 2019, alleging that he suffered lower extremity weakness and ascending paralysis as a result of the shingles vaccine he received on November 12, 2018. He sought compensation under the National Vaccine Injury Compensation Program.

The respondent was the Secretary of Health and Human Services, represented by Jay Mason All of the United States Department of Justice. Special Master Herbrina Sanders presided over the case.

To be eligible for an award, Mr. Franco was required to prove either that his condition was a "Table Injury" listed in the Vaccine Injury Table or that it was actually caused by the vaccine.

The public decision does not describe the specific onset or symptoms of Mr. Franco's alleged condition, nor does it detail any medical records, tests, or treatments.

The decision notes that the record did not contain any evidence that Mr. Franco suffered a "Table Injury." Furthermore, the medical records submitted were deemed insufficient to prove that the shingles vaccine caused his alleged injuries, and Mr.

Franco did not provide a supportive expert opinion. On July 2, 2019, Mr.

Franco submitted a motion to voluntarily dismiss his petition, stating that he voluntarily dismissed all claims filed in the action. Special Master Sanders granted this motion.

The case was dismissed for insufficient proof, and the Clerk of Court was directed to enter judgment accordingly. The decision was issued on August 22, 2019.

Theory of causation

Petitioner Keith Franco alleged that the shingles vaccine administered on November 12, 2018, caused lower extremity weakness and ascending paralysis. The petition was filed on July 5, 2019. To establish entitlement, Petitioner needed to prove either a "Table Injury" or actual causation by the vaccine. The Special Master found no evidence of a "Table Injury." The medical records were insufficient to prove actual causation, and no expert opinion was provided to support the claim. On July 2, 2019, Petitioner voluntarily moved to dismiss his petition. Special Master Herbrina Sanders granted the motion and dismissed the case for insufficient proof on August 22, 2019. Petitioner was represented pro se, and Respondent was represented by Jay Mason All. The public decision does not describe the specific mechanism of injury or name any experts.

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